📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Mobile Phone Contract - Price Rise Refunds

1131132134136137156

Comments

  • Swampsnake
    Swampsnake Posts: 28 Forumite
    Its been exactly 5 working days since I filed my case with CISAS. Nothing from CISAS, should I file once again?

    I received an automated reply a few mins after sending in both my initial case and my reply to EE's defence. The reply from a human took an extra day or two from the 5 day figure quoted. I think they are rather busy at the moment!
  • Right,

    EE legal just this minute rang me direct on my mobile and gave me my PAC code, is unlocking the phone as I type and said that EE legal will deal with my backdating and compensation shortly. :j

    Must admit I was a bit taken back by the phone call, was expecting a drawn out email chain.

    For reference I emailed my acceptance on 26/06 , so nine working days

    I had the same phone call on friday (4th) saying ill get my unlock code on monday (7th).. got my pac code on the same phone call, still waiting for the unlock code...
  • RandomCurve
    RandomCurve Posts: 1,637 Forumite
    For Vodafone Customers.
    I have just sent the below to Ofcom - you may want to do the same (as can anybody).


    [EMAIL="Lynn.Parker@Ofcom.org.uk"]Lynn.Parker@Ofcom.org.uk[/EMAIL]
    [EMAIL="OCCtelcoms@Ofcom.org.uk"]OCCtelcoms@Ofcom.org.uk[/EMAIL]




    Dear Lynn,

    As you will be aware by now several Vodafone customers have requested that Vodafone explain how their out of bundle price increase is not of Material Detriment under GC 9.6 as some calls have increased by nearly 50%. Whilst I am aware that the new GC 9.6 Guidance does not apply to out of bundle increases the regulation of GC 9.6 does.
    As you have been copied into Vodafone's responses you can see that they have steadfastly refused to answer the question, but instead constantly refer to the contract term.

    Can you confirm:
    1. Vodafone's behaviour in ignoring the question is compliant with GC 14 (complaint handling), and
    2. This is the type of dispute the Ombudsman Service should "hear" as it is not Vodafone's commercial decision to increase prices that is being disputed, but the potential breach of both GC 9.6 and the UTCCRs (Group 10 -Corresponding right to cancel if terms modified and Group 12 - 45% is not linked to an inflation index).
    Thanking you in advance of a swift response.

    Regards
  • factor29
    factor29 Posts: 206 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    For Vodafone Customers.
    I have just sent the below to Ofcom - you may want to do the same (as can anybody).


    [EMAIL="Lynn.Parker@Ofcom.org.uk"]Lynn.Parker@Ofcom.org.uk[/EMAIL]
    [EMAIL="OCCtelcoms@Ofcom.org.uk"]OCCtelcoms@Ofcom.org.uk[/EMAIL]




    Dear Lynn,

    As you will be aware by now several Vodafone customers have requested that Vodafone explain how their out of bundle price increase is not of Material Detriment under GC 9.6 as some calls have increased by nearly 50%. Whilst I am aware that the new GC 9.6 Guidance does not apply to out of bundle increases the regulation of GC 9.6 does.
    As you have been copied into Vodafone's responses you can see that they have steadfastly refused to answer the question, but instead constantly refer to the contract term.

    Can you confirm:
    1. Vodafone's behaviour in ignoring the question is compliant with GC 14 (complaint handling), and
    2. This is the type of dispute the Ombudsman Service should "hear" as it is not Vodafone's commercial decision to increase prices that is being disputed, but the potential breach of both GC 9.6 and the UTCCRs (Group 10 -Corresponding right to cancel if terms modified and Group 12 - 45% is not linked to an inflation index).
    Thanking you in advance of a swift response.

    Regards


    Sent :D:D:D:D:D
  • I accepted CICAS' decision in my favour on 04/07/14. What happens next? Should I expect some sort of confirmation from CICAS giving EE a deadline to settle everything or will I just hear directly from EE?
    I have enough money to last me the rest of my life... unless I buy something.
  • KARLITO wrote: »
    Ok! Karlito has succeeded in part!

    EE is to be instructed to cancel my contract, without charge, backdate to the 25th May, waving any charges occurred after that date, pay me £25 compensation, plus send me a PAC code! Awesome..
    Thank you once again RandomCurve! The revised response to EE's decision, especially about how we, or I, was pathetically informed 'Oh, you had your chance to cancel beforehand'. has probably made the adjudicators, (in my case Claire Andrews), to decide wisely.
    In truth, I had my response expertly tailored for me (or at least made a basis I think) at post 1072, but I hope it sets a trend for many more successful decisions :) Hope those who hadn't succeeded first time round, do eventually!
    Now I think I shall find a 4G sim only deal ( Let us know of one, anyone knows), since I brought myself a LG G3 32GB, as i had sold my Note 3. Brought from a fantastic online German site, called ATELCO, (atelco.de) for a converted rate, from euros, to £487 (If paid by debit/credit card, as paypal has a crap conversion rate). Of course, this is for anyone who's interested ;)

    Cheers All!

    Onwards and Upwards...

    Out of interest any ideas on where I can purchase the note 3 for a fair price? I've only considered UK companies so far.
    I have enough money to last me the rest of my life... unless I buy something.
  • Update

    After CISASs perverse ( and contradictory to its other missives ) interpretation of backdated

    a. Complaint to CISAS which took 6 days to reply to tell me they hope to have a response within another 30 working days. Incredulous and will unlikely deal with the fact that I believe they have effectively rewritten their original decision.


    b. Letter to OFCOM met with a thank you but we dont deal with individual cases bur they keep my information on file as we review relationships ongoing. This effectively makes a) pointless as a self review of a decision without a recourse to independent review is only going to come up with one outcome.

    As such I have decided to construct a claim to the SCC based on the original decision which I accepted and my belief that the term backdated clearly implies that no contract existed from 4/3 and as such all charges should be refunded.

    Any clarification requested by EE and offered by CISAS was not only wrong but contrary to the schemes rules.

    Here goes!
  • KARLITO
    KARLITO Posts: 10 Forumite
    Out of interest any ideas on where I can purchase the note 3 for a fair price? I've only considered UK companies so far.

    Hi there, to be honest I too normaly buy from UK retailers. It's only when I heard UK are only getting the 16gb version of the LG G3, I started researching. That's where I came across ATELCO in Germany, who sale the 32gb European version to UK. So I took the plunge and was very impressed, fast delivery for a great price. But, you might get a better deal from eBay for the Note 3, as they sale it for £419 I believe. Possibly CLOVE or MOBILE PHONES DIRECT are worth checking... Hope this helps! :)
  • claireb1
    claireb1 Posts: 32 Forumite
    I have paid 2 months at new rate which still disgusted at. My claim was unsuccessful a month ago and im waiting what to do next.

    Any help or advice appreciated I need act soon as month ago got decision. Unsure wether go small claims court.
  • ulaggy
    ulaggy Posts: 201 Forumite
    claireb1 wrote: »
    I have paid 2 months at new rate which still disgusted at. My claim was unsuccessful a month ago and im waiting what to do next.

    Any help or advice appreciated I need act soon as month ago got decision. Unsure wether go small claims court.

    We're going to be doing another CISAS claim, based on the T&C change as most of us failed claims were told we should have claimed then. Which I find weird. In my claim I was told "I consider it reasonable to understand that the customer agreed to the revised contract terms."

    Why is it reasonable? I wasn't made aware that I could leave at that time.

    If CISAS claim # 2 fails, that's when we'd head to SCC.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.3K Banking & Borrowing
  • 253.2K Reduce Debt & Boost Income
  • 453.7K Spending & Discounts
  • 244.2K Work, Benefits & Business
  • 599.4K Mortgages, Homes & Bills
  • 177.1K Life & Family
  • 257.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.